1.Everyone shall possess the right to freely express and publicise his thoughts in words, images or by any other means, as well as the right to inform others, inform himself and be informed without hindrance or discrimination
2.Exercise of the said rights shall not be hindered or limited by any type or form of censorship
Constitution of the Portuguese Republic, Article 37.º

Gonçalo Amaral accuses McCann lawyer of disobedience

The Appellate Court lifted on October 19, the ban on the sale of the book written by Gonçalo Amaral, The Truth of the Lie. However, Isabel Duarte, the McCann’s lawyer and trustee of the apprehended copies, has failed to return the ten thousand copies to the book publishers.

There are about ten thousand copies of Gonçalo Amaral’s book, The Truth of the Lie, which are being kept by Kate and Gerry McCann’s lawyer, even though the Appellate Court has annulled the decision to forbid its sale and distribution.

«It is very peculiar for a lawyer who is a candidate to the Superior Council of the Bar Association [Lawyer’s Order] to display this kind of behaviour, failing to obey the decision of a Court», commented to SOL the former Judiciary Police, indignant at not having yet received the books.

Amaral «does not wish to believe» in the hypothesis that the books were destructed, even though that was precisely the «McCann couple desire».

According to the daily newspaper Correio da Manhã, Isabel Duarte has delivered an appeal to the Supreme Court of Justice, at the end of last week, alleging that the Appellate Court decision «failed to take into account facts which, throughout the process, were never put in question».

The lawyer believes that «the Appellate Court did not consider the book was written to make money, to deepen the McCann couple’s pain and to hinder the investigation».

Gonçalo Amaral has a different opinion: «The non deliverance of the books can constitute a crime of civil disobedience».

The former coordinator of the investigation to Madeleine McCann’s disappearance states that the Appellate Court ruling has no recourse. «The appeal decision would only be admitted has an extraordinary recourse to the Supreme Court of Justice, that is, a recourse of jurisprudence uniformity* if a case law [jurisprudency] existed opposing the decision made by the Appellate Court». Even in that case, the recourse «would not have a suspending effect».

A non-legalese attempt by a non-legalese citizen to explain a legal recourse *

Jurisprudence Uniformity [Latin iuris prudentia] is a legal recourse in Portuguese Law, 763º article & subsequent in Código de Processo Penal (CPP) - Portuguese Civil Code, used to appeal a Court ruling. As the name implies, there needs to be a case making law, or several, opposing a court ruling which will be used as the 'grounds' - hence the term jurisprudency - for an appeal against said court ruling.

What does this legal recourse mean in this specific case? - basically that the McCanns lawyer, Isabel Duarte, would have to find similar cases where books have been banned for similar reasons in Portugal and use those cases, as a legal evidence and basis to make the appeal to the Supreme Court - which as far as I know it is something that might be hard to find in the Portuguese law, unless one goes to the years previous to 1974, to those 48 years of Portuguese Dictatorship when books were banned and people were threatened into silence, by force.

However, as Dr. Amaral explains in the above article, even then, even if the Supreme Court accepts an appeal made using this extraordinary legal recourse, the facts that remain are:

a) the Lisbon Appellate Court Judges has ordered on October 19, that Dr. Isabel Duarte, the trustee of the previously banned books, to restitute back those copies to the legitimate owner, i.e. Guerra & Paz book publishers;

b) an appeal using the jurisprudency uniformity [Article 768º] has a merely non-staying effect;

c) even if the McCann's lawyer uses another legalese tactic [Articles 771º to 782º of the CPC] to appeal for an exceptional review of the Appellate Court of Lisbon ruling, which seems to be the case according to to her own statement above; and the appeal to the Supreme is accepted, the law states very clearly [Article 774º] that an application for a review has no suspensive effect.

Therefore, and in a very non-legalese manner: the books should have been returned upon the moment the McCann's lawyer was notified of the Appellate Court decision which overturned the book ban, and subsequently its sales. And 'ungagged' a Portuguese citizen.

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63 comments:

Surely if the instructions of the three judges has been ignored by the McCann lawyer (she works on the instruction of her clients) then that should be a reason for this case to be re-opened. Who do the McCanns and their lawyer think they are? What right do they have to ignore three Supreme court judges? The judges made it perfectly clear that the books were to be returned to their point of sale! Surely Dr G A, his legal team and the three Supreme court judges MUST QUESTION THE MOTIVES of this trio? Since when would Dr G A making money from his book stop them searching for their child they claim has been abducted? Surely them wasting money on litigation is harming their search for their child they claim has been abducted! Surely them and their friends not being cooperative with the Portuguese police has harmed their child, considering the situation they all claim the child is in. Surely them not appealing the archival (thus allowing archival of their child's case) has harmed their child and harmed the official investigation into her disappearance. Surely them not requesting the re-opening of the case (IIRC their legal right and their child's legal right) is harming their child and also harmed the official investigation into her disappearance. Surely their own actions are detrimental towards the wellbeing of their child they claim has been abducted and is still alive.

What makes them think they will win a libel trial? They and their friends did not cooperate with the PJ. They allowed archival of their child's case. They do not request re-opening of their child's case. They harmed their child when they decided to leave her in the circumstances they chose to. They still harm her by not allowing her to have an active police investigation into her disappearance. Who's fault is it that there is no law enforcement agency actively looking for their child?

Surely Mr Amaral will not take this, the books must have been distroyed, this so called lawyer is not above the law, she should be arrested, at once. This case gets better by the hour, for Mr Amaral I mean raid her offices and get the books.

The McCanns are done for. Game over. They can thrash around and make as much noise as they like now, because they know the end is nigh. They never showed themselves to have anything like good manners when they were being cossetted and everything was going their own way ..... so God knows how appaling their behaviour will become now that they are f*cked. They won't be seeing rainbows anymore .......

And Roy Orbison says it in song far better than I can http://www.youtube.com/watch?v=jjMfQG4DejQ

This foolish old woman is obviously under a Team McCann illusion. Somebody must have told her somewhere along the line that she could make a name for herself before she retires and is put out to grass. What was the price for throwing her career away?

So ,when Gerry was sitting in UK tv studios begging for funds to search for Madeleine and insisting the money wasnt for libel trials,his lawyer ,u nder his instruction,was filing an appeal in a supreme court? the petition links automatically to a paypal button,have the UK public been misled? On primetime TV including the BBC? whoopsadaisy

@11,not only the mccanns but the tapas 7 too and hopefully the close mccann family and friends,EACH AND EVERY ONE OF YOU your time is up and you DESERVE all that is coming to you.KARMA.those that support justice for madeleine WILL NOT LET HER DOWN like YOU HER PARENTS AND FAMILY HAVE.

The McCanns' spokesman Clarence Mitchell said last night: "We are extremely grateful to Wayne for coming forward with this information and the detective team will be interviewing him as a matter of priority." (1 sep 2010, about Raymond Hewlett, the burning-letter man).

Mccann's lost the North. They are desperate. They know, even with corruption and pressures, the truth cannot be hide forever. If their Portuguese lawyer had a pinch of intelligence she must run out of the case before being burned with the fire of many lies. Wonder why the Mccann's lawyers are always connected with "Superior Council of the Bar Association". Is there a lobby of a group of lawyers belonging to the same lawyer office, to control justice in Portugal? Mccann's case will expose other dark issues in parallel side. What a mafia...

How many books were written about Lady Dy, Carla Bruni, M. Jackson, etc. etc. Some of the books were not sympathetic to the subjects of the books. Many were best-sellers.Many generate a lot of money and controversy. No one was silenced. No any was burned. Why should the Mccann's be above all this people? Why should a Portuguese citizen be silenced, if he investigate the case and his evaluation was corroborated by his pals and not a personal speculation?

They don't rush their "ashes" to Lisbon to do the Reconstruction, answer the questions or reopen the investigation, but they rush without delay, when the issue is banning a book, silencing an investigator and LOOKING FOR MONEY. During 3 years you have done nothing else then exposing yourselves, exposing your lies, killing your image and your reputation. YOU FOOL YOURSELVES, MCCANN'S. The game is over. Portugal want the Truth. UK want the truth. The world want the truth. We care about your childs. You just care about yourselves and you are caught on your own arrogance and mistakes.

Because of this couple's attempts to throw sand into our eyes with their ”petition”, and because they are in my country, where they are not welcome due to their despicable treatment of the Portuguese people, and of the only person that really looked for their daughter, I briefly remind them of some difficult to digest facts:

The lies to the policeThe contradictionsThe erased phone recordsThe undelivered credit card statements (you didn't have one, isn't it Mr. McCann?)The cooked up checking timetable (hastily written in their child's book, for heavens sake!)Eddie's findingsKeela's findings'Kate's refusal to answer 48 important police questions (she did answer one, and we know which) The forensicsThe Smith'sThe Gaspar'sThe refusal to participate in a reconstruction that could have helped the police find what happened to MaddieTheir buddy's false accusation of Rober Murat

These are just a fraction of facts I wanted to remind them, but there are many more:

For example

The refusal to follow police advise to not engage in publicity that could endanger their daughter's life.Their setting up (a mere couple of days after their daughter vanished) of a fraudulent fund that was used to pay for their house's mortgage, to buy a new car, employ PR personnel, family members and friends, very well paid investigators of dubious competence, lawyers, and so on and so on....

Since May 2007 that they have been living on handouts from the public. How much money of their own pockets have they spent? What a shame Mr. McCann. You, a heart specialist!

Because I know you read this blog, let me ask you a very direct question Mr. McCann: if you were a competent cop, would you dismiss all of the above, would you? What a stupid question.........

It is no doubt her last case so she will stick to it and charge the highest fees she can possibly get out of it to retire and the mccanns will have to stay with her as no-one else will disembowel and crucify themself or grovel and please. She is fixing and fighting for her own cause now as she will be shunned by the Portuguese people. She will be looking for a new address.

So Isabel Duarte is prepared to break the law on behalf of her notorious clients? Just what kind of a lawyer is she? A relative of Aragao Correia perhaps?When her name was first mentioned, it was said that she had a good reputation as a lawyer. That reputation now stinks. Still, I suppose the McCann's ill-gotten money will be a great comfort to her in her old age.

The procrastination going on now with not complying with the Court to hand over the Books will not help the McCanns at all - in fact, it's the worst advice they could be given. It's obvious they are playing the sympathy card - "look how we are being treated", "we are only defending poor Madeleine" "she is still out there - alive and unharmed", 'we must find her- this is not helping her". Instead it appears that they seem to think they can disregard the law - well they did make a fair job of manipulating the Portuguese and British authorities - but it's not going to work this time.

I agree. Lets see what will be the court"s decision although I could put both hands in the fire because the supreme Court is NOT going to reverse its decision: the ban has been lifted.End ofI am happy too because this last move is a very bad one indeed (one of many) :c

For Isabel Duarte to refuse to hand over these books, she must have a very good reason and I bet it's MONEY! Otherwise why should she jeopardize her career in this way, and why else would she look so pleased with herself. I would say that it's a matter of "You scratch my back and I'll scratch yours". I hope she is hung drawn and quartered for her arrogance and the McCanns are toppled very quickly from their pedestals!

Friends of mine, the most die hard pro Mccann believers I have ever come across are waivering. Last evening we had the most open and questioning conversation ever on the subject. Trust me if this couple are beginning to doubt the 'dynamic duo' then things really must be turning!

A question that I was not fully able to answer was regarding the re-opening of the case and in particular "where does it say that to get the case re-opened all the McCanns have to do is ask"?

Where is this information? Is there an official document somewhere that clearly states this?

Would really appreciate any help anybody can give on this. If there is such information readily available it would really throw a spanner in the works of people who believe that the McCanns have done everything they can to get it re-opened and it's the nasty Portuguese (and British Government) who won't let them.

Ever since I read about this (link below) my head has thought that the McTeam and Crucks ambitions were to use/manipuate/apply British libels laws throughout Europe using a lawyer/legal team from the country in which they wanted to sue (pretendy sue/threat whatever??) someone, some newspaper or organization etc. Just my opinion I think Portugal and Dr GA were the starting ground and if successful there, they would trot throughout Europe imposing this and imposing that and filling up the Private Company Fund merrily as they go. Just look how imo the temporary injunction against Dr G A's book was misrepresented elsewhere. Imo Dr G A and his legal team should be going down a legal avenue regarding that matter. That matter should be made public, just like I D's antics have been. The motives of all these people imo must be questioned.

http://www.mccannfiles.com/id310.html

If it was their ambition imo it is most definitely not searching for a missing child!

If it were part of a wider agenda, hopefully Dr GA and Portugal has put the kybosh on that scheme!

The Labour lost the elections. No pressure on Portugal anylonger.The last thing the McCanns should do was to desobey the three judges.And they did.They irritate Theresa May, they irritate the PJ, they irritate the public and they irritate the Court.I think Kate never heard the word no in her life.Or it could be Jerry.Or both.They are used to successfuly get what they want.They could better had gaven Calpol to Maddy in England and leave home to wine and to drink.The problem would have been solved in two minutes.Portugal is still traumatized by a dictatorship in the past.Every Portuguese fights for justice and freedom of speech.I hope the next Court will order for reopening of the process.Reconstruction of the facts, Tapas 9 presentIt is getting cold now, Winter, Tapas 9 can sleep outside 5a under the piny blanket.

33 the McCanns "can ask" and plim? Magic! No, absolutely not, that is just an expression, meaning that there many legal and foreseen opportunities, and steps the McCanns can take in order to reopen the process to their daughter's disappearance so the criminal investigation by the authorities who hold the jurisdiction can continue as opposed of being archived. For example, the McCann couple and their other Tapas fiends can make the reconstruction as requested officially by the authorities, Kate McCann can answer the 48 questions, or they can new elements to the process in order to cause its reopening - one has to wonder what exactly did their 5 or 6 investigative teams found, and why - as stated in court during the book banning injunction - none of that information was sent to the process or to the Portuguese Judiciary Police.

What Anon 33 needs is the text of the Evora Court ruling and the text stipulating the mccanns had such an amount of time to ask for the re-opening of the case (which they obviously didnt do).I have been looking for it and cant find it.May be you could help? Thanks in advance.

This refusal to hand back the books says it all. It is written plain and clear.

The McCanns neither obey or respect the law.

From the beginning they have considered themselves to be above the law.

A law unto themselves, and so far have got away with it. They have refused to answer questions, lied to the investigator, e.g. on the matter of whether or not they had credit cards, refused to cooperate with reconstructions, completely undermined the official investigation and investigators.

They must not be allowed to flaunt their obvious disregard for the law and the law must come down on them heavily, and no bleating or excuses allowed.

It is not enough they are hiding behind their lawyer's skirts. She is merely fulfilling the wishes of the McCanns. As for their lawyer, she should know better than to obey them.

Foolishness. The McCanns are not worth the risk to her career, but it may be too late if she continues with this disregard of a law she is making obvious she neither regards or will obey.

Has she already been so corrupted by the McCanns? It is disgraceful conduct by a woman who should know better.

Joana thank you to you and all the team workers here who so efficiently keep us informed and up-to-date with this case. A question: why do the mccanns have to ask for the re-opening of the case? Why do they have the say? Is it not up to the Portuguese Justice system, to start proceedings against these people and get them back in court in Portugal, without choice and favours?

To re-open the case, the Mccann's just need to say: " We review our minds, we want to do the reconstruction". Easy, easy. Even the Tapas 7 could be dismissed. Actors could play their rolls if the Mccann's participate on the reconstruction.

The despicable lawyer read the book. She enjoyed what she read but was not able to stand up against the Mccann's. Their fraudulent Fund had a wonderful smell( who refuses a jackpot?). In the middle of the Euros turbulence was she able to understand how much they fool her? I believe they lie to her and she had to went trough the book to find the truth and see the personality of this two. Jump out, if you want to save your face in your country or you had to appeal for a job in UK. The fund is over. Wonder why Brian Kennedy don't show up now to say that he is going to bake the Mccann's until the end of their lifes. Seems that he also, JUMPED OUT.

Poster 41 ,I know exactly how elated you must be feeling today.I know I have written many,many times how "upset" I have been ,as NOT ONE of my family and friends has ever thought the Macaans were in any way to blame for what happened to dear little Madeline,even them leaving those 3 little babies to babysit themselves!!!! so I have to say the recent events now enfolding,ONCE OUR reluctant press starts revealing them????? will really really MAKE MY DAY.Joana ,as I,ve also said before ,you,ve helped me keep my sanity,THANK YOU.

Anon 46"Wonder why Brian Kennedy don't show up now to say that he is going to bake the Mccann's until the end of their lifes. Seems that he also, JUMPED OUT."

Forgive me, but that typo- mistake gave me more joy than much that I read today. 'Baking' the McCanns until the end of their lifes. Oh, don't we all wish ....Many thanks for your contribition to happiness in the world.

I believe if the appeal (against decision) was sent then all should wait the appeal result.

I don't support the McCanns and consider them shameless greedy liars but for all court/tribunal processes it's quite standard - as long as you appeal in time, thus you postponed the execution of the court decision.

Anon 50Sorry, the court decision is to be executed and immediately. If what you say were the case, the injunction itself would have been put on hold when the 4 defendents had appealed. ID is just bluffing and trying to delay the inevitable. And she knows full well that she musst comply with the court's decision.Caroline

As this was a decision of an Appellate Court I do not understand how Duarte can seek to formally appeal against it. Is it not more likely that she his just stalling for time whilst the McCanns try to make some headway with their petition?

This is all about media image to the McCanns. To just hand the books back without trying some desperate counter-offensive would be so uncharacteristic of the desperate and scheming Gerry McCann we know so well.

I would not be the least surprised to hear in a few weeks time the Appellate Court refused her application to review their decision and then Duarte will just have to comply. Whilst she is in the process of querying the decision in this way she can probably get away with a short delay in complying. It is possible to try and state the court made a fundamental misunderstanding of the facts. She can say that, clearly they did not, that does not stop her from trying. But neither does it stop all of us from seeing how incredibly desperate Team McCann are.

Surely when a fisherman has been struggling with a large fish on the hook for some time and then sees it desperately floundering and starts to reel it in, he celebrates and rejoices, he won. So chill out guys and just wait and see what happens next. We all know the Petition will score them no points, nothing ever does!

In UK you appeal to the Supreme Court, the Court of Appeal, their decision is final unless leave is given to appeal to the last court of the land, the House of Lords. If Duarte wants to drain the last £300,000 from the McCanns coffers by going to the European Court of Human Rights she is going the right way, all appeal processes in the home country must first have been used. Appeals to Strasbourg generally take several years and such an appeal could only lie on the basis the State of Portugal denied the McCanns their human rights which very clearly they have not. The McCanns are finished and so is their fund. If they want to look for Maddie, they better get out their five bedroomed house and start using their own money, but that was always a lie, they know exactly where she is.

I would just like to add, the McCanns can demand that UK and Portugal review their file of rubbish evidence of so called sightings and dodgy characters until the cows come home if they like. That will not change the hard reality for them, they know the McCanns were involved in the disappearance of little Maddie and they are not going to join the McCanns in their sick games to demand people accept their so called innocence and give them yet more cash.

UK will keep the real evidence against the McCanns confidential until such time as it can be used in a court of law against them. Nothing they say or do will change that and Portugal will only investigate serious evidence of Maddie having been abducted by a stranger which very plainly the McCanns are not going to come up with!

I hope they rue the day they decided to take on Goncalo Amaral, how he has taught them a lesson!

The book sale was probably tappering off when it was injunctioned because interest must wean after a year...now stupid ID action is going to generate interest and sales again, especially is she is sued over it and made headlines..

What's the betting Carter Ruck will already be trying it on with one of those threatening letters they send, hoping it will scare the recipient enough to do what the McCanns want.

Maybe you should have informed Grant and Cutler that the book is now under no restrictions from sale, just in case.

As we have already seen, the McCanns have their lawyer saying she is still the trustee of the book. An utter lie, since she has been ordered to release the books back to the owners. They make it up as they go along. Abslutely dishonest.

We know the book is free to be released and sold, but the McCanns through their lawyer are already trying to confuse the issue by having her talk about her being the trustee of the books, and refusing to give them back for sale before the decision of a further appeal which they claim they have filed.

The McCanns lawyers have always taken advantage of people thinking they may be doing someything wrong and could be sued. They are spin merchants but these official looking letters they send to various people has worked for them in the past so they will always try it on.

It is outright intimidation, they do it to witness, and they do it by threats from their Carter Ruck people.

They play dirty, and because nobody has ever stepped up to stop them doing whatever they like they continue, even to the point of refusing to give back books they have been ordered to give back by a Court.

Will anything happen to them because of this? Here's hoping, but if so, it will be a first.

Anon at 48...the decision of the Appeal Court cannot be appealed must surely mean hard or impossible to get the Appeal Court's decision overturn and not cannot file an appeal. Surely ID knows that basic...when she filed. She wont be earning her keep if she didnt try or maybe her clients gave her no choice..as in she was ordered to file. Not impossible with a pair of arrogant clients like that. They think they can push over judges.

Anon at 50I am sure if the verdict of their counter appeal is not to their favour we wont hear of it. I wonder who knows the time frame for an outcome and who's going to report it if it is negative for the mccanns.

I feel it in my bones its going to be negative for the mccanns.Three Judges decision overturn....? Hell will freeze over before that happens.

"Three Judges decision overturn....? Hell will freeze over before that happens"

100% with you.The decision will NOT be overtuned,no way,not after the call for freedom of speech coming from Burma! portugal would end up being the laughing stock of Europe and this is not advisable at all.If ID had any common sense she would have flately refused to meet the mccanns demand.She is not making any favour to herself at all adn consequently to HER country.I am starting to believe this is pure bluff as she MUST know the decision is firm and irrevocable...even if though she filed the appeal.

Unless she has become personal with the mccanns then that will explain her action lately. Wonder what she thinks of her hypocritical clients making millions out of their own book after trying to stop Amaral.